Furh Glass & Mirror

Furh Glass and Mirror, Inc./Quality Erection and Glaziers, Architectural, Metal & Glass Workers Local Union 1778 affiliated with International Brotherhood of Painters and Allied Trades, AFL-CIO. Case 16-CA-14724 May 18, 1994 SUPPLEMENTAL DECISION AND ORDER BY CHAIRMAN GOULD AND MEMBERS STEPHENS AND DEVANEY On September 30, 1991, the National Labor Relations Board issued a Decision and Order, inter alia, adopting the recommended Order of the administrative law judge, as modified, and ordering the Respondent, Fuhr Glass and Mirror, Inc./Quality Erection, its officers, agents, successors, and assigns to make whole Richard Willy for his loss of earnings and other benefits resulting from their unfair labor practices in violation of Section 8(a)(3) and (1) of the National Labor Relations Act. On July 8, 1993, the United States Court of Appeals for the Fifth Circuit issued its judgment enforcing in full the backpay provisions of the Board's Order. A controversy having arisen over the amount of backpay due the discriminatee, on February 28, 1994, the Regional Director for Region 16 issued a compliance specification and notice of hearing alleging the amount due under the Board's Order, and notifying the Respondent that it should file a timely answer complying with the Board's Rules and Regulations. Although properly served with a copy of the compliance specification, the Respondent failed to file an answer. By letter dated March 21, 1994, a field examiner in Region 16 advised the Respondent, that no answer to the compliance specification had been received and that unless an appropriate answer was filed by March 28, 1994, summary judgment would be sought. The Respondent filed no answer. On April 4, 1994, the General Counsel filed with the Board a motion to transfer case before the Board and Motion for Summary Judgment, with exhibits attached. On April 11, 1994, the Board issued an order transferring the proceeding to the Board and a Notice to Show Cause why the motion should not be granted. The Respondent again filed no response. The allegations in the motion and in the compliance specification are therefore undisputed. The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel. Ruling on the Motion for Summary Judgment Section 102.56(a) of the Board's Rules and Regulations provides that the Respondent shall file an answer within 21 days from service of a compliance specification. Section 102.56(c) of the Board's Rules and Regulations states: If the respondent fails to file any answer to the specification within the time prescribed by this section, the Board may, either with or without taking evidence in support of the allegations of the specification and without further notice to the respondent, find the specification to be true and enter such order as may be appropriate. According to the uncontroverted allegations of the Motion for Summary Judgment, the Respondent, despite having been advised of the filing requirements, has failed to file an answer to the compliance specification. In the absence of good cause for the Respondent's failure to file an answer, we deem the allegations in the compliance specification to be admitted as true, and grant the General Counsel's Motion for Summary Judgment. Accordingly, we conclude that the net backpay due the discriminatee is as stated in the compliance specification and we will order payment by the Respondent of said amount to the discriminatee, plus interest accrued on said amount to the date of payment. ORDER The National Labor Relations Board orders that the Respondent, Furh Glass and Mirror, Inc./Quality Erection, Houston, Texas, its officers, agents, successors, and assigns, shall make whole the individual named below, by paying him the amount following his name. Backpay shall be computed in accordance with F.W. Woolworth Co., with interest as prescribed in New Horizons for the Retarded, 283 NLRB 1173 (1987), minus tax withholdings required by Federal and state laws: Richard Willy $20,168.61 Dated, Washington, D.C. May 18, 1994 William B. Gould IV, Chairman James M. Stephens, Member Dennis M. Devaney, Member (SEAL) NATIONAL LABOR RELATIONS BOARD 1 305 NLRB 1 (1991). 313 NLRB No. 223